The defense counsel and the prosecutor have several similarities in terms of the roles they play. They are qualified lawyers who are conversant with legal matters which allow them to practice law. They are individuals who defend their respective parties in court cases. For example, the defense counsel represents an individual or a company. On the other hand, the prosecutor represents the state. Their duty includes protecting the people whether they are innocent or guilty. The defense attorney protects the defendant against charges of crime while the prosecutor protects the public against the wrongdoers. The defense attorney does anything within the bounds of legal and professional ethics to defend his client toward an acquittal. The prosecutor on the other hand will present the state against the defendant with an aim of proving that an alleged crime took place. They perform the duty of promoting justice so that every party is judged in a fair and humane manner.
In as much as the defense counsel and prosecutor perform similar tasks, they differ in several ways. For instance, the defense counsel works to prove the innocence of their clients for any accused crime whereas the prosecutor’s role is to prove that the defendant is guilty of the crime he has been charged with. Moreover, the defense attorney challenges the evidence brought before the court. On the contrary, the prosecutor uses his vast resources to prove that the defendant is guilty. The prosecutor is a state officer but the defense counsel is an independent entity. Any person can decide to get the services of a defense counsel but may not get the prosecutor to stand in for him. The major differences between these two officers anchor on the aspect of who charges and who serves as the legal advisor for a defendant.
Prosecutorial discretion is best described as a right enjoyed by a prosecutor or agency. This is relative to the determination of what charges shall be pursued against an offender and how each case may be handled. Under American law, the prosecuting attorneys have the authority to choose whether to advance criminal charges or not. They may also decide which charges to follow in situations where the evidence collected justifies the charges. Any law enforcement officer who does not press charges against a suspect is said to be practicing prosecutorial discretion. However, this authority to exercise discretion in determining when to prosecute has long been criticized because it has been used to favor some individuals. Since the concept of prosecutorial discretion has an effect on all aspects of the law, American prosecutors are considered to be among the most powerful public officials.
Prosecutorial discretion provides an avenue for leniency and mercy in a country that is frequently characterized by broad and strict criminal laws. The conceptualization of prosecutorial discretion is firmly embedded in the laws of America. A wide section of lawyers understands that this discretion is paramount. The approval of this idea has been by and large related to the U.S adversarial system of justice. The adversarial philosophy argues that United States judges are not permitted to evaluate the cases, find the truth, and dispense justice. Nevertheless, the courts are seen to be dispute-settling institutions where judges’ participation in determining the weightiness of the charges brought before them are minimal.